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6 02 03 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JUNE 2, 2003 INVOCATION Father Dwayne Thoman, Spiritual Director of Wahlert High School PROCLAMATIONS Rising Stars Independent League Days Rising Stars CONSENTITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. Minutes and Reports Submitted City Council of May 19; Downtown Planning Commission of 5/5; Housing Commission of April 22; Human Rights Commission of April 14; Proofs of publication of City Council Proceedings of May 5 and May 8 and List of Claims and Summary of Revenues for month ending April 30. Suggested Disposition: Receive and File City Coundl Downtown Planning Housing Human Rights Notice of Claims/Suits Susan Breitbach for vehicle damage; Mortgage Electronic Registration Systems, Inc. vs. City of Dubuque, Iowa; United Way Services, Inc. for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending settlement of the claim of Randy Schmerbach for property damage and Becky Hanson for property damage and recommending that the Finance Department issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Claims - Settled = Citizen Communications Communications from citizens regarding the importance of retaining the School Resource Officers (SRO) in the City's schools. Suggested Disposition: Receive and File SRO Let+ers Iowa Department of Transportation Communication from the Iowa Department of Transportation regarding the Corridor Preservation Zone along U.S. 20 from the Peosta interchange east to near the intersection with the Northwest Arterial. Suggested Disposition: Receive and File; Refer to City Manager [DOT Letter IDOT - Map 1 IDOT - Map 2 IDOT - Map 3 IDOT - Map 4 Legislative Issues Statement by Governor Vilsack on the U.S. Senate Economic Stimulus Package. Communication from Governor Thomas J. Vilsack to City Manager Michael Van Miiligen regarding the Iowa Values Fund. Communication of City Manager to State Legislators regarding federal funding. 2 Suggested Disposition: Receive and File Vilsack Statement Vilsack Ltr Legislator Lb' State Legislator List Intercreditor Agreement for Cottingham and Butler City Manager recommending approval of an Intercreditor Agreement by and between the City and the Iowa Department of Economic Development providing for the sharing of security interests in mortgages related to Cottingham and Butler's Town Clock Building. RESOLUTION Approving an Intercreditor Agreement with the IoWa Department of Economic Development for property owned by Cottingham and Butler Suggested Disposition: Receive and File; Adopt Resolution Agreement - MVM Agreement - Staff Agreement - Intercreditar Memo [Vlemo Resolution Agreement Second Amendment to Development Agreement with Interstate Power and Light Company City Manager recommending approval of a second amendment to the Development Agreement between the City and Interstate Power and Light Company providing for the development of property purchased by Interstate in the Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve Amendment - HVFI Amendment - Staff Amendment Alliaut Lb' Memo Memo Downtown Neighborhood Council Communication from the Historic Preservation Commission recommending approval of a request from the Downtown Neighborhood Council to place trash receptacles in the public right-of-way in Jackson Park. Suggested Disposition: Receive and File; Approve Receptades- HPC Receptades- Staff Application Project Description Neighborhood Ltrs Ltr Report 3 Receptacle Picture Location Pictures 10. 11. Plastic Center, Inc. Agreement City Manager recommending acceptance of a settlement with Plastic Center, Inc. for their lawsuit against the City related to the design standards in the Ice Harbor urban Renewal District. Suggested Disposition: Receive and File Plastic Ctr - MVM Plastic Cfr - BAL Ltr Settlement Pla~c Center Naps Memo Agreement Asbury Plaza Drainage City Manager submitting a response to inquiries regarding the Asbury Plaza drainage issue. Suggested Disposition: Receive and File Drainage - HVH Hellmer Letter Drainage - Staff Background Material Memo Memo Lead Hazard Reduction Grant City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development for $2,000,000 for the continuation of the Lead-Based Paint Hazard Prevention Program. Suggested Disposition: Receive and File; Approve Grant - MVM Memo Grant - Staff Memo CDAC Letter 12. Dubuque County Board of Supervisors Communication from City Manager Michael Van Miliigen to the Dubuque County Board of Supervisors regarding a rezoning request for property on Seippel Road and the placing of certain conditions on the rezoning. Suggested Disposition: Receive and File Supervisors Ltr 4 13. LibrarY Board of Trustees Communication from Susan Henricks, Library Director, advising that Library Board Member Kevin Lynch does not intend to reapply for appointment to the Board. Suggested Disposition: Receive and File Library Bd Ltr 14. Business License Refund Request of The Ground Round, Inc., for a refund on their Beer and Liquor Combination License in the amount of $422.50. Suggested Disposition: Receive and File; Approve 15. Business Licenses RESOLUTION Granting the issuance of a cigarette license to Easy Street, LLC RESOLUTION Granting the issuance of a Class "B" Beer Permit to Pizza Hut (2075 John F. Kennedy Road and 320 East 20th Street) and a Class "B" Beer (Six Month) License to Bricktown BreWery RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Dubuque Bowling Lanes, Jumpers Sports Bar and Easy Street Suggested Disposition: Adopt Resolutions Resolution #1 Resolution #2 Resolution #3 ITEMS TO BE SET FOR PUBLIC HEARING Sale of City Property City Manager recommending that a public hearing be set for June 16, 2003 to consider a request from Randall J. Klauer to purchase Lot 319 of Ham's Addition, located on the corner of Rhomberg Avenue and Hawthorne Street. RESOLUTION of Intent to dispose of interest in Lot 319 of Ham's Addition, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/16103 5 Sale - MVM Memo Sale - Staff Memo Sale - Resolution Site Map Sale - Request Lb' a m Mediacom Franchise Extension City Manager recommending that a public hearing be set for June 16, 2003 to consider an additional short-term extension through December 31, 2003 of the existing Mediacom cable franchise and side agreements under the terms currently in effect. RESOLUTION of Intent to grant a short-term extension of an existing cable services franchise and an existing hub site lease to MCClowa L.L.C. Suggested Disposition: Receive and File; Adopt Resolution; Pubic Hearing 6/16/03 Mediacom - MVM Mediacom - Staff Extension Mediacom - Memo Memo Agreement Resolution Easements - Riprow Valley City Manager recommending that a public hearing be set for June 16, 2003 to consider granting two easements on city-owned land at the Riprow Valley Trailhead. RESOLUTION of Intent to dispose of City interest in development rights for Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut Subdivision; and Lot A of Government Lot #1, all in Section 6, T88, R3E, in the City of Dubuque, Iowa for easements for the Riprow Valley Trailhead Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6116/03 Riprow - MVM Memc Riprow - Staff Memo Riprow - Resolution Riprow - Contract Info Ripro~ - Peadin~ letter of Agreement Riprow - ^ttachment Riprow - ^ttachment Grant A B Riprow - Attachment Riprew - Easement Riprow - Map [ Riprow - Map 2 C Riprew - State Letter 6 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (One at-large and one Iow/moderate Income vacancy to expire 2/15104 and two Iow/moderate income vacancies to expire 2115/05) Applicants: Gina Bell (At-Large), Sr. Paula Maloy, SVM (At-Large), David Shaw (Low/ Moderate Income) Historic Preservation Commission (One unexpired three-year term for Old Main District to expire 7/1103, one three-year term for Cathedral District to expire 711103, and one three-year term for At-Large to expire 7/1/06 - currently James Gibbs) Applicants: Michael Cody (Cathedral District), James E. Gibbs (At-Large), Christine Olson (At-Large) Investment Oversight Advisory Commission (Two three-year terms to expire 7/1/06 - Terms of Lassance and Melendez): Applicants: Paul Lassance and Hirram Melendez Library Board of Trustees - Mayor Appointment (Two four-year terms to expire 7/1107 - Terms of Lindsay and Lynch) Applicants: Alan Avery and Susan Lindsay Zoning Advisory Commission (Two three-year terms to expire 7/1/06 - Terms of Hardie and Roush) Applicants: Stephen Hardie and Ben Roush Bd and Comm Ust Overview Sheet CDAC Applications HPC Applications IOAC Applications Ubrary Applications Zoning Applications PUBLIC HEARINGS SUSPEND THE RULES QHQ Properties - Request to Rezone (Tabled at May 19, 2003 Meeting) Proof of publication on notice of hearing to consider rezoning property located south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commemial zoning district at the request of QHQ Properties and Zoning Advisory Commission recommending approval, with conditions. Communication from Mary Jungbluth in opposition to the rezoning of property located west of the Northwest Arterial and south of Asbury Road. 7 Communication from Susan and Patrick Meehan in opposition to the rezoning of property adjacent to their home. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district, with conditions Suggested Disposition: Receive and File; Motion B; Motion A 3ungbluth Ltr Meehan Ltr Buesing !..tr OHO - ZAC Letter QH(~ - ApplicaUon QHQ - Exhibit QHQ - Traffic Study QHQ - Plat QHQ - Conceptual QHQ - Letters QHQ - Staff RapoCc QHQ - Ordinance Plan Opposing Traffic Study Memo QHQ - Opposition QHQ ~ Support Ltrs U:rs Vacating Petition - Railroad Street in Centre Grove Addition Proof of publication on notice of hearing and City Manager recommending approval of a request from Flint Drake, representing the estate of Edward J. Zalaznik, for the vacating of Railroad Street in Centre Grove Addition, RESOLUTION Disposing of City interest in Lots 21A and 22A of Centre Grove Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Railroad - MVM Mem~ Railroad - Staff Railroad - Resolution Memo Material from May 19, 2003 Meeting Railroad - MVM Mem, Railroad - Staff Railroad - Resolution Railroad - Ordinance Railroad - Resolution Memo #1 #2 VacaUng - Drake Ltr VacaUng - Map Vacating - Plat 8 e Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West Proof of publication on notice of hearing and City Manager recommending approval of the disposition of Lots 7 and 8 in Dubuque Industrial Center West 2nd Addition to Vessel Systems, Inc. for the purpose of constructing a 31,000 square foot manufacturing facility and approval of a Development Agreement with Vessel Systems, Inc. RESOLUTION Approving a Development Agreement providing for the sale and private development of Lots 7 and 8 in the Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Iowa, to Vessel Systems, Inc. Suggested Disposition: Receive and File; Adopt Resolution Vessel - MVM Memo Vessel - Staff Memo Vessel - ResoluUon Development Agreement Material from May 19, 2003 Meeting Vessel - MVM Memo Vessel - Staff Memo Vessel - Resolution Vessel - Map 2003 (Fiscal Year 2004) Asphalt Paving Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of a contract for the 2003 (Fiscal Year 2004) Asphalt Paving Project to River City Paving, a Division of Mathy Construction, in the amount of $635,720.71. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to River City Paving Suggested Disposition: Receive and File; Adopt Resolutions Paving - MVM Memo Material from May 5, 2003 Meeting Paving - MVM Memo Paving - Staff Memo Paving - Staff Memo Paving - Resolutions Paving - Bid Tab Paving - Resolutions REINSTATE THE RULES 9 ACTION ITEMS Grand River Center Naming Opportunities City Manager recommending that naming opportunities be made available for different spaces at the Grand River Center, the Shot Tower Visitor Center and the Hawthorne Street Peninsula Water Works Park and approval of temporary names for the meeting rooms at the Grand River Center. Suggested Disposition: Receive and File; Approve Naming I MVM Mem, Naming - Staff Mem¢ Grand River Drawing g Busted Lift Outdoor Service Agreement City Manager recommending approval of approval of a Lease Agreement Beb.~/een the City of Dubuque and John Finn for the use of public right of way for outdoor service at the Busted Lift. Suggested Disposition: Receive and File; Approve Busted Lift Busted Lift - Staff Busted Lift Flemo Agreement Pre-Disaster Mitigation Planning Committee Communication of the City Manager to Mayor Duggan requesting that he make appointments of city representatives to the Pre-Disaster Mitigation Planning Committee. Suggested Disposition: Receive and File; Mayor Appointments Committee - 1'4VFI ECZA Letter lVlemo Budget Reduction Worksession City Manager requesting City Council direction on a date for the Budget Reduction Worksession. Suggested Disposition: Receive and File; Council Direction COUNCIL MEMBER REPORTS 10 PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. Jeanne F. Schneider May 29, 2003 11